Mental Health Bill Update

The fourth day of committee in the House of Lords on the Mental Health Bill took place on 27th January. This session allowed peers to review and discuss the details of the Bill. Here are some key points from the discussions:

Nominated Person:

There were calls for the Court of Protection or mental health tribunal to replace the county court’s role in selecting the Nominated Person (NP). Peers also suggested giving parents a larger say in the NP for children and young people.

The government minister rejected this, stating these bodies are not suited for the role, but agreed to train county court judges and emphasized that children and young people have the right to choose their NP.

Nominated Person for Children and Young People:

Questions were raised about how Approved Mental Health Practitioners (AMHPs) should select an NP when multiple people have parental responsibility.
The minister confirmed that detailed guidance will be provided, and anyone who poses a risk to a child cannot be selected as the NP.

Prison to Hospital Transfers:

Peers suggested strengthening the responsibility for transferring individuals from prison to hospital, and vice versa.

The minister argued that these changes were impractical due to the complexities of the transfer process.

Monitoring and Reporting:

Concerns were raised about the available information and resources for monitoring the implementation of reforms.

The minister highlighted the role of the Care Quality Commission (CQC) and the introduction of new 24/7 walk-in services.

Advance Choice Documents (ACDs):

Peers supported the introduction of ACDs but called for stronger duties to provide support and information.
The minister assured that failures to implement these duties could be challenged in court and that a template for ACDs, including guidance on finances and Lasting Powers of Attorney (LPAs), would be developed.

Tribunals:

Peers suggested giving tribunals the same powers as the Court of Protection to request reports. The minister responded that tribunals already have sufficient powers under existing rules and practice directions.

Places of Safety:

Peers welcomed the removal of police stations as places of safety but called for more alternative facilities and clearer plans for implementation.

The minister committed to implementing this change as soon as resources allow.

Remand for Own Protection:

Peers asked for more clarity on implementation plans and resources. The minister confirmed that implementation would happen as soon as practical.
The date for the next committee session is yet to be confirmed.

Department of Health and Social Care- Social care charging arrangements

DHSC’s local authority circular has been published on social care charging arrangements for 2025 to 2026. The headlines are:

• the capital limits remain at their current level (lower capital limit £14,250 and upper capital limit £23,250)
• personal expenses allowance (PEA) for local authority-supported care home residents increases in line with inflation
• minimum income guarantee (MIG) for people receiving local authority-arranged care and support other than in a care home increases in line with inflation
  Savings Credit disregards increase in line with inflation

You can read more on social care charging arrangements and the impending changes here: Social care – charging for care and support 2025 to 2026: local authority circular – GOV.UK